Post-Judgement Modifications Lawyers in Martin County
Helping Clients Seek a Change to Their Legal Obligation in Jupiter & the Surrounding Areas
Life is always evolving and sometimes an arrangement that worked upon the finalization of a divorce may not work in the future. When this occurs, it’s important to seek the guidance of a knowledgeable attorney who can walk you through your next steps. At Deckard, Kofsky & Clark, PLLC, our lawyers are well-versed in Florida law and can work with you to determine whether your situation warrants a modification or not and help you seek audience with a court.
Schedule your initial appointment by calling our office at (772) 238-7231 today.
Grounds for Modification
To receive a modification, your situation must conform to one of a few factors. For example, someone who wants a modification because they don’t like paying spousal support are likely to not be granted this change. However, someone seeking to modify spousal support because they are no longer able to make the monthly payment are likely to receive this legal action. A court will only grant a modification if the party seeking the modification can prove they have experienced a significant change in circumstance.
A significant change in circumstance includes, but is not limited to:
- One parent relocates a great distance from the other
- A former spouse remarries or cohabitates with a romantic partner
- One party loses their job, gains new employment, or receives a promotion
- A child’s needs change
- One parent actively interferes with the other parent’s relationship with a child
- A party is convicted of a crime
If the modification relies on finances, the party seeking the change must provide clear evidence of their current and past financial records. Additionally, this change must be permanent and involuntary. The party seeking modification cannot do so if they lose their job on purpose to avoid paying spousal or child support.
Petition for Modification
When filing a petition in Florida, it’s important to state the specifics of the change in circumstance and provide clear evidence. An attorney can help you gather your evidence and present it to thoroughly support your claims.
Once the petition is filed, the court allows the petitioner and the other party to attempt to settle this legal action through the use of mediation. If the parties cannot agree, then they must take the matter to the court where a judge will determine the final outcome. However, if the petition does not properly outline the elements required to modify the original judgement, the other party may be able to get the petition dismissed without the judge hearing the evidence.
Lastly, the party seeking modification cannot use the petition to attempt to change the distribution of marital assets and debts. The only way a modification for property division may be considered is if they can prove extraordinary circumstances that involve fraud. For example, one party discovers the other was hiding marital funds in secret accounts.
Reach Out to Our Stuart Modification Attorneys Today
Deckard, Kofsky & Clark, PLLC is dedicated to helping our clients ensure their best interests are thoroughly represented in and out of the courtroom. We will work closely with you to create a petition for modification and litigate your position before a judge.
“Mr. Deckard who is a former police officer saw through the lies and fought hard to keep me out of prison.”- Former Client
“I was in a difficult marriage and needed a lawyer who was able to help me through the divorce and protect my kids. Mr. Kofsky was ...”- R. Sessions
“Martin Kofsky represented me in an ugly divorce last year. I picked him because he was smart and tough...”- M. Moran